Activist investor Carl Icahn made it clear Tuesday that he's not about to throw in the towel in his battle to gain control of Lions Gate Entertainment. He announced Tuesday that he will appeal Monday's decision by the British Columbia Supreme Court to toss out his lawsuit against the management of Lions Gate, whom he had accused of conspiring to dilute his stake in the film and TV company. At the same time, he responded to a lawsuit filed by Lions Gate that accused him of secretly acquiring MGM debt and maneuvering to merge the studio with Lions Gate while publicly opposing such a merger. An affidavit filed by his attorney, Jesse Lynn, said that his moves had been publicly disclosed in compliance with SEC rules.

03/11/2010